Selvakumar v. State By

P. DHANABAL.J., The petitioners / Accused 2 & 4 who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 354(c) of B.N.S. 2023 read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act and Section 66E of I.T. Act in connection with the Cr. No.235 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with the other accused fixed the CCTV camera in their premises and recorded each and every activities of the defacto complainant's family. Hence the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons, that they have not committed any offence as alleged by the defacto complainant and they are ready to abide by any condition imposed by this Court. Hence he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would contend that there is land dispute between the

parties and the petitioners fixed the CCTV Camera to watch the activities and harassed, hence the defacto complainant has lodged complaint against them. He objected for the grant of anticipatory bail. Further he submitted that there is no previous case against the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the arguments putforth on either side, considering the nature of offences charged against the petitioners, the fact that there is land dispute between the parties and that no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Principal District and Sessions Court No.I, Coimbatore on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition

that:

[a] the petitioners shall report before the respondent police on every Saturday at 10.00 a.m. for a period of 4 weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

[c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

05.09.2024

mjs To 1.The Principal District and Sessions Court No.I, Coimbatore. 2.The Inspector of Police, C6 Thudialur Police Station, Coimbatore. 3.The Public Prosecutor, High Court, Madras.

P.DHANABAL,J mjs

CRL O.P. No.21408 of 2024 05.09.2024